Use and Care Manual

2. All sales are final, and unless authorized in writing by the Seller, Purchaser is not entitled to return goods, under any
circumstances. If Purchaser refuses to accept goods, the Purchaser is liable for the return and cost of freight both
directions and a restocking/service fee that is 35% of the purchase price of the goods. Purchaser must notify Seller of
non-conforming goods within four days of delivery, after which time all goods are deemed accepted.
3. If Purchaser tenders payment with a check that has insufficient funds (NSF), or stops payment on a check or credit
card for any reason, Purchaser agrees to pay for all costs associated with the Seller’s connection or litigation of such a
claim, including without limitation extra damages, court costs, collection fees and attorney’s fees. Finance charges
begin the date of invoice. Collection fees plus NSF fee of $50 will be added to your invoice, which you agree to promptly
pay. Title to the goods does not pass until payment is received in full by Seller and Seller retains a security interest in
the goods until they are paid for in full. If the credit card dispute goes to arbitration, Buyer agrees to pay for credit card
arbitration fees.
4. LIMITED WARRANTY on Non-New Units (Scratch & Dent/Refurbished and Floor Models): warranty for compressor
units is 90 days from your dated invoice and 30 days for thermoelectric units (parts for function only, not cosmetic
defects). These units are refurbished and sold as is; Purchaser assumes risks to the quality and performance of goods
and assumes the costs of all necessary service or repair not covered herein. Wine Accessories, Racking Systems and
other items not mentioned are not warranted. There is no warranty on parts purchased separately. Removal and
re-installation of unit is not included in warranted labor. Purchaser’s exclusive remedy is limited, at Seller’s option; to
repair or replace defective part[s] with either new or factory reconditioned part[s]. Purchaser is responsible for shipping
the unit pre-paid to designated facility and Seller will pay return shipping charges in the continental United States for
items repaired under warranty. Since the natural variation in texture, density, grain, color, tone and shade of wood is
unavoidable; Seller does not guarantee the texture, color, tone or shade of the wood: nor does seller guarantee the
colorfastness of wood or against peeling, chipping, cracking or scratching. Note: Unfinished wood is subject to warping;
all wood surfaces must be sealed before placing cellar into service. Improper placement of the unit will void the
warranty. By Vinotemp in writing, any 3rd party repair facility must be pre-approved before providing parts free of
charge.
5. Freight: If As-Is unit is shipped including freight and delivery is denied, customer is responsible for freight to and from
buyer. Other costs Buyer is responsible for is storage, repackaging, and attempted delivery fees.
6. Vinotemp does not cover damage due to such things as accident, misuse, abuse, mishandling, neglect, acts of God,
fires, earthquakes, floods, high winds, government, war, riot or labor trouble, strikes, lockouts, delay of carrier,
unauthorized repair, or any other cause beyond the control of the Seller, whether similar or dissimilar to the foregoing.
Seller is not responsible for any damages caused to Purchaser's property resulting from the good. This limited warranty
applies only inside the Continental US. (Alaska, Puerto Rico and Hawaii are not warranted.)
7. Purchaser understands and acknowledges that the goods sold here are wine coolers, appliances, cigar humidors,
and/or other similar units which may house wine or cigars or other consumables. Purchaser assumes all risk of using
these units, including risk of spoilage, humidity variations, temperature variations, leaks, fire, water damage, mold,
mildew, dryness and similar perils that might occur.
8. UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW, SELLER IS NOT RESPONSIBLE FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND
BEYOND THE DESCRIPTION ON THE FACE HEREOF; WARRANTY AND LIABILITY ARE NON-TRANSFERABLE.
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE ARE
HEREBY EXPRESSLY DISCLAIMED. SELLER DISCLAIMS ANY INDEMNIFICATION FOR CLAIMS OF
INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OF PROTECTABLE NATURE.
9. In the event of any dispute between Seller and Purchaser arising out of or relating to these terms and conditions or
to the goods sold generally, Purchaser must first file a written claim with Seller within thirty days of the occurrence giving
arise to the claim and wait an additional thirty days for a response before initiating any legal action. Any legal proceeding
arising out of or relating to these terms and conditions or to the goods sold generally shall be brought solely in Clark
County. The prevailing party in any such proceeding is entitled to its attorney’s fees and costs. In no event may
Purchaser initiate any legal proceeding more than six months after the occurrence of the event giving rise to the dispute.
10. Delivery is curbside. Upgrades in delivery will require an additional fee.
The above terms and conditions are the only ones governing this transaction and Seller makes no oral representations
of any kind. These Terms and Conditions can only be modified in writing, signed by both Purchaser and Seller.
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